2.9.2.16.3 Admixtures

Where the integers of a combination are provided in a form that provides a potential working interrelationship, then a manner of manufacture objection will generally not apply. In the case of mixtures and compositions, the integers may be considered as being in a form that has a potential working interrelationship. An objection under sec 50(1)(b) (mere admixture) should only be taken where the invention is a simple recipe (see 2.9.3.2 Food or Medicines, Being Mere Admixtures).

Where the integers are in a form that provides a potential working interrelationship, there may still be a residual inventive step issue as to whether it was obvious to combine the individual integers and whether the combination is simply the “predictable use of prior art elements according to their established functions”.  If there is synergy, a potential working interrelationship or some other non-obvious advantage in combining the integers, then the admixture will not be obvious.

Thus, depending on the facts of the case:

• If an integer of a mixture is novel and inventive, then the requirements of manner of manufacture and inventive step will be satisfied.

• If the claims clearly only define mixtures of known integers (i.e. the claims do not include kits), then examiners can raise inventive step as the sole objection.

Note: Where an inventive step objection is raised, mere assertions by the applicant of ‘synergy’ or similar advantage are unlikely to be sufficient without a credible basis. In such cases, examiners may ask for further evidence if they are not satisfied that a synergism or other advantageous effect has been demonstrated (see also 2.11.3.4.2A Section 40 Enabling Disclosures, ‘Synergism’).

• If the claims define both mixtures of known integers as well as kits/collocations of known and separate integers, then an inventive step objection should be taken to the mixture claims and a manner of manufacture objection to the kits/collocation claims.
• If the claims define a mixture that is novel and inventive, but also define kits/collocations of known and separate integers, then a manner of manufacture objection can be taken as the sole objection to the kit/collocation claims.
• An objection of mere admixture under sec 50(1)(b) is also a consideration.  However, an inventive step objection should be taken in preference, unless the invention is a simple recipe. An objection under sec 50(1)(b) is likely to be taken only in exceptional circumstances.